Kelly v. State
Supreme Court of Florida
Writ of Error to the Circuit Court for Duval', county. STATEMENT. The plaintiff in error was convicted of murder at the spring term, 1896, Circuit Court of Duval county, and sentenced to death, from which this writ of error was sued out.
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Writ of Error to the Circuit Court for Duval', county. STATEMENT. The plaintiff in error was convicted of murder at the spring term, 1896, Circuit Court of Duval county, and sentenced to death, from which this writ of error was sued out. Hugh McFarland testified that he was a brother-in-law of John B. Tallant, the deceased; that witness-came to Jacksonville December 29, 1895, and found Tallant at St. Luke’s Hospital, where witness remained with him continuously until January 25, 1896,. when, with the permission of the attending physician, he carried Tallant to St. Louis, Missouri, where…
1Opinion of the Court
'Carter, J.:
There is nothing in the fourth assignment of error. The record shows that the motion for a new trial, not the second ground of the motion, as contended by plaintiff in error, was denied. The bill of exceptions also shows that the motion was overruled.' Upon a fair interpretation of the statements in the record proper and the bill of exceptions, it appears that the court investigated certain facts which were applicable only to the second ground, and thereupon denied the motion for a new trial generally.
The third assignment of error questions the correctness of the ruling of the…
2Cases cited19 opinions
- Savage v. StateSupreme Court of Florida · 1882
- State v. TullerSupreme Court of Connecticut · 1867
- Irvin v. StateSupreme Court of Florida · 1883
- Coker v. HayesSupreme Court of Florida · 1878
- Baker v. StateSupreme Court of Florida · 1892
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3Cited by13 opinions
- McNish v. StateSupreme Court of Florida · 1904
- Lowe v. StateSupreme Court of Florida · 1925
- Buchanan v. StateSupreme Court of Florida · 1928
- Webster v. StateSupreme Court of Florida · 1904
- Dempsey-Vanderbilt Hotel, Inc. v. HuismanSupreme Court of Florida · 1943
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